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Three Generations of European Constitutional Courts in Transition to Democracy
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Rights Before Courts
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
In Whose Name?
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and pr...
Re-Framing Foreign Aid History and Politics
This book presents an integrated analysis, at once conceptual, historical, and political, of the growing impact of State Funded Aid on international relations, particularly after the collapse of the Berlin Wall and the end of the bipolar system. In order to observe Aid as an emerging instrument of foreign policy, the book develops an original approach which puts Donors and Recipients on the same level and examines the political dynamics of their relationship. The focus shifts from looking at the needs covered by Aid interventions to the political motivations of Donors and Recipients. Aid is reconceptualized to include any transaction on favourable terms between these two parties, regardless ...
Law, Religion, Constitution
What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
Mobilization Constraints and Military Privatization
This book investigates the connection between tightening mobilization constraints and the use of PMSCs in the United States, the United Kingdom, and Italy. Drawing on neoclassical realism and institutionalist theory, it conceptualizes democracies’ use of private military and security companies (PMSCs) as an attempt to circumvent the tightening constraints on the mobilization of military power. The use of private military contractors is less subjected to parliamentary restrictions and less visible to public opinion than the deployment of soldiers. Rather than cheaper in financial terms, PMSCs are therefore politically cost-effective, as they enable decision-makers to minimize the institutional obstacles on conducting military operations and the electoral costs attached thereto. The need to reduce the ex ante hurdles and the ex post costs of military deployments fills the blind spots of alternative explanations for the use of PMSCs based on effectiveness, ideology, and organizational interests.
Methods and Legal Comparison
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Comparative Constitutional History
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts. Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.
One Country, Two Systems, Three Legal Orders - Perspectives of Evolution
“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Fur...
